Your valid home address is used to determine which NY State Senator Represents you.

Apt/Suite/Floor (Optional)

City *

State *

Postal Code *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Send me alerts for this bill. I can unsubscribe at any time. Learn more.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Bill Amendments

S5808 (ACTIVE) - Details

S5808 (ACTIVE) - Summary

Implements the effective background check act of 2018; requires licensed firearms businesses to report the crime of criminal purchase of a weapon; requires background checks for employees who would be authorized to possess or transfer firearms.

S5808 (ACTIVE) - Sponsor Memo

BILL NUMBER: S5808
TITLE OF BILL : An act to amend the penal law, in relation to
enacting the effective background check act of 2017, in relation to
establishing a ten day period for background checks for the purchase
of a firearm, rifle, or shotgun, and in relation to requiring
gunsmiths or licensed firearms businesses to report the crime of
criminal purchase of a weapon and requiring background checks for
employees who would be authorized to possess or transfer firearms,
rifles, or shotguns
PURPOSE :
The purpose of this legislation is to increase the effectiveness of
the criminal background check system that applies to the sale and
transfer of firearms, rifles, and shotguns. The bill would provide law
enforcement with more time, when necessary, to perform a background
check prior to the sale of any firearm, rifle, or shotgun; require
licensed gunsmiths or firearms dealers to alert law enforcement when a
prohibited would-be purchaser fails a background check; and require
that all employees of gunsmiths or dealers whose duties include
handling, selling, or otherwise disposing of firearms, rifles, or
shotguns pass a background check.
SUMMARY OF PROVISIONS :

Section 1 of the bill establishes the short title the "Effective
Background Checks Act of 2017"
Section 2 of the bill adds a new section 400.20 to the penal law to
establish an effective background check period for the sale or
transfer of a firearm, rifle, or shotgun. Subdivision 1 of the new
section 400.20 provides that whenever federal or state law requires a
NICS screening prior to the sale, transfer, or disposal of a firearm,
rifle, or shotgun, no person shall complete such transaction unless
either: (a) the NICS system indicates that there is no information in
the system that would disqualify the applicant from receiving or
possessing a firearm, rifle, or shotgun, or (b) ten business days have
elapsed from the date the NICS screening was initiated, and the system
has not indicated that the applicant is disqualified from receiving or
possessing a firearm, rifle, or shotgun. Subdivision 2 of the new
section 400.20 makes violation of this section a class A misdemeanor.
Section 3 of the bill amends Section 265.17 of the Penal Law by
re-designating the existing paragraphs as subdivisions 1(a), 1(b), and
1(c), and adding a new subdivision 2 requiring licensed gunsmiths and
firearms dealers to report to police whenever a would-be purchaser of
a firearm, rifle, or shotgun fails a background check through NICS.
Section 4 of the bill amends section 400.00 of the Penal Law by adding
a new subdivision 12-b that would: prevent anyone who is prohibited
from receiving or possessing a firearm, rifle, or shotgun from being
employed by a gunsmith or firearms dealer in a job that involves
handling, selling, or otherwise disposing of firearms, rifles, or
shotguns; subject such employees to background checks through NICS;
and, require the Division of Criminal Justice Services (DCJS) to issue
an employee background check certificate to qualifying applicants
after review of an application using NICS. If DCJS receives a negative
(failed) response from NICS for any applicant, the gunsmith or dealer
would be required to deny employment to the applicant. The employee
background check certificate would be invalid upon termination of
employment.
Section 4 of the bill also permits gunsmiths or firearm dealers to
employ persons in a job that involves handling selling or otherwise
disposing of firearms, rifles, or shotguns without the requirement for
such persons to be issued an employee background check certificate
from the division of criminal justice services, where such person
possesses a valid license issued under section 400.00 or section
400.01 of the penal law, or where such person is a police officer as
defined in subdivision thirty-four of section 1.20 of the criminal
procedure law.
Finally, any employment in violation of this new subdivision shall
constitute a violation of the law by both the employee and the
gunsmith or firearms dealer.
Section 5 of the bill sets forth the effective date.
JUSTIFICATION :
This legislation is intended to make background checks related to
sales or transfers of guns more effective. To do so, the bill would:
(1) provide law enforcement with more time, when necessary, to perform
a background check prior to the sale of any firearm, rifle, or
shotgun, improving public safety; (2) require licensed gunsmiths or
firearms dealers to alert law enforcement when a prohibited would-be
purchaser fails a background check, aiding in the enforcement and
prevention of the existing felony offense of criminal purchase of a
weapon and related attempts; and (3) require that all employees of
gunsmiths or dealers whose duties include handling, selling, or
otherwise disposing of firearms, rifles, or shotguns pass a background
check.
First, by giving law enforcement officials sufficient time to complete
a NICS check of prospective purchasers of firearms, rifles, and
shotguns, this bill will permit law enforcement to more effectively
prevent guns from falling into the hands of those who are prohibited
from purchasing or possessing them.
Federal law currently lacks an effective background check period prior
to the completion of the sale of a firearm, rifle, or shotgun. In
2014, 91 percent of NICS background checks were completed
"immediately" (in ninety seconds), during the dealer's initial contact
(http://www.fbi.gov/ about -us/cjis/ nics/reports/2014
-operations-report). In such a case, the transaction may be completed
as soon as the prospective purchaser passes the background check.
However, if the Federal Bureau of Investigation (FBI) is unable to
complete a background check by the end of the third business day
following an attempted purchase, the sale may still proceed by default
if state law permits the transfer, whether or not the check was
actually completed (A NICS De lay, www.fbi. gov/about-us/cjisi
nics/federal-firear ms-licensee s/anics-de lay).
In 2013, as a result of this impractical "default-proceed" limitation
imposed on the FBI, the three-day clock reportedly ran out more than
186,000 times, such that a sale could proceed for over 500 guns per
day prior to resolution of the background check (Associated Press,
Black Friday gun purchases test background check system to limit, The
Guardian, Nov. 26, 2014, vvww.th eguard ian.com/us-news/2014 In
ov/26/blackfriday-gun-pur chases-test-backgr oundchec k-system).
Even after a "default-proceed" the FBI continues to review the case.
If the FBI discovers disqualifying information after three business
days, the agency will issue a "delayed denial" and contact the dealer
to determine whether or not the gun was transferred. If so, law
enforcement agencies are notified and an attempt is made to retrieve
the gun and take appropriate action against the buyer as needed (Brady
Act Gun Buyer Background Checks: History and Application of the Brady
Act, usgov info.about.com/od/gu ncontrol/a/Brady-Act-Gun
-Buyer-Backgroun dChecks.htm; Review of the Bureau of Alcohol,
Tobacco, Firearms and Explosives' Enforce ment of Brady Act Violations
Identified Through the National Instant Criminal Backgroun d Check
System, July, 2004, h ttps://oig.justic e.gov /reports/ATF/e0 406/in
tro.htm). Such a process puts the public at risk and wastes law
enforcement resources. In the past, the FBI has indicated that NICS
could be improved by extending the three-day period allowed for
conducting background checks to reduce the amount of transactions that
are permitted to proceed by default (U.S. General Accounting Office,
Report to the Honorable Craig Thomas, Implementation of the NICS
Background Check System).
According to a Quinnipiac University poll released in July 2014,
American voters support (by 92-7 percent, including 92-6 percent among
gun owners) requiring background checks for all gun buyers (www.quin
nipiac.ed u/news-and-events/quinni piac-university-poll/na
tional/releasedetai 1?ReleaseID.2057). It follows that the American
public overwhelmingly supports a system with a timeframe that permits
the authorities to complete a background check.
Under this legislation, a prospective purchaser who passes a
background check in less than ten days will be able to complete their
purchase at the time that their background check clears. This
legislation focuses solely on NICS checks that remain indeterminate at
the end of three days, and properly balances the needs of public
safety with the constitutional right of a non-prohibited individual to
purchase a firearm, rifle, or shotgun.
The second part of the bill will aid in the enforcement and prevention
of the existing felony offense of criminal purchase of a weapon and
related attempts. Although law-abiding gunsmiths and firearms dealers
in New York currently conduct criminal background checks on
prospective purchasers of firearms, rifles, and shotguns, they are
under no subsequent obligation to report the fact that a prohibited
gun purchaser failed a NICS screening after attempting to purchase a
firearm, rifle, or shotgun. This lack of a duty to report makes it
difficult for law enforcement to become aware of instances of
attempted criminal purchase of a weapon. Criminal purchase of a weapon
is currently a felony offense. Such a report may provide an early
warning to law enforcement, so they may take preemptive action to
prevent such weapons from falling into the hands of an individual who
has been prohibited from possessing them.
The third part of the bill would disqualify those who cannot
themselves pass a NICS check from jobs where such persons would be
directly handling, accessing, selling, or otherwise disposing of
firearms, rifles, or shotguns. Under current law, licensed gunsmiths
and firearms dealers are required to conduct background checks on gun
purchasers. However, while the dealers themselves are required to be
licensed, their employees, who have direct access to firearms, rifles,
and shotguns on a daily basis, are not required to undergo a
pre-employment background check. This legislation would correct that
anomaly by requiring the DCJS to administer background checks of such
employees through NICS.
FISCAL IMPACT ON THE STATE :
None.
LEGISLATIVE HISTORY :
New Bill
EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law, except that the division of criminal justice
services shall promulgate any rules or regulations or approve any
forms necessary for applications for employment certificates to be
submitted to and approved by such division and for employment
certificates to be issued by such division pursuant to subdivision
12-b of section 400.00 of the penal law as added by section four of
this act, and shall begin to issue such certificates to qualifying
employees before the one hundred eightieth day after this act shall
have become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
5808
2017-2018 Regular Sessions
I N S E N A T E
May 1, 2017
___________
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to enacting the effective
background check act of 2017, in relation to establishing a ten day
period for background checks for the purchase of a firearm, rifle, or
shotgun, and in relation to requiring gunsmiths or licensed firearms
businesses to report the crime of criminal purchase of a weapon and
requiring background checks for employees who would be authorized to
possess or transfer firearms, rifles, or shotguns
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "effective
background check act of 2017".
§ 2. The penal law is amended by adding a new section 400.20 to read
as follows:
§ 400.20 TIME PERIOD FOR A BACKGROUND CHECK FOR SALE OR TRANSFER OF A
FIREARM, RIFLE, OR SHOTGUN.
1. WHENEVER FEDERAL OR STATE LAW REQUIRES THAT A BACKGROUND CHECK BE
CONDUCTED THROUGH THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
IN ACCORDANCE WITH THE PROVISIONS OF 18 U.S.C. 922(T) BEFORE SALE OR
TRANSFER OF A FIREARM, RIFLE, OR SHOTGUN, NO PERSON SHALL COMPLETE SUCH
SALE OR TRANSFER UNLESS:
A. THE SYSTEM PROVIDES A UNIQUE IDENTIFICATION NUMBER PURSUANT TO 18
U.S.C. 922(T)(1)(B)(I), INDICATING THAT THERE IS NO INFORMATION IN THE
SYSTEM THAT WOULD DISQUALIFY THE APPLICANT FROM RECEIVING OR POSSESSING
A FIREARM, RIFLE, OR SHOTGUN; OR
B. TEN BUSINESS DAYS, AS DEFINED IN 18 U.S.C. 922(T)(1)(B)(II), HAVE
ELAPSED FROM THE DATE SUCH BACKGROUND CHECK WAS INITIATED BY CONTACTING
THE SYSTEM, AND THE SYSTEM HAS NOT INDICATED THAT THE APPLICANT IS
DISQUALIFIED FROM RECEIVING OR POSSESSING A FIREARM, RIFLE, OR SHOTGUN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02944-01-7

S. 5808 2
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A VIOLATION OF THIS
SECTION SHALL BE A CLASS A MISDEMEANOR.
§ 3. Section 265.17 of the penal law, as amended by chapter 1 of the
laws of 2013, is amended to read as follows:
§ 265.17 Criminal purchase or disposal of a weapon.
1. A person is guilty of criminal purchase or disposal of a weapon
when:
[1.] (A) Knowing that he or she is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction or because of
some other disability which would render him or her ineligible to
lawfully possess a firearm, rifle or shotgun in this state, such person
purchases a firearm, rifle or shotgun from another person; or
[2.] (B) Knowing that it would be unlawful for another person to
possess a firearm, rifle or shotgun, he or she purchases a firearm,
rifle or shotgun for, on behalf of, or for the use of such other person;
or
[3.] (C) Knowing that another person is prohibited by law from
possessing a firearm, rifle or shotgun because of a prior conviction or
because of some other disability which would render him or her ineligi-
ble to lawfully possess a firearm, rifle or shotgun in this state, a
person disposes of a firearm, rifle or shotgun to such other person.
2. A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS SHALL REPORT
WITHIN TWENTY-FOUR HOURS TO THE DIVISION OF STATE POLICE, OR IN THE CITY
OF NEW YORK THE POLICE DEPARTMENT OF SUCH CITY, ANY INSTANCE IN WHICH
ANY PERSON ATTEMPTS TO PURCHASE A FIREARM, RIFLE, OR SHOTGUN FROM SUCH
GUNSMITH OR DEALER, OR THROUGH A SALE, EXCHANGE, OR DISPOSAL AS PROVIDED
IN SECTION EIGHT HUNDRED NINETY-EIGHT OF THE GENERAL BUSINESS LAW, IF A
BACKGROUND CHECK SUCH GUNSMITH OR DEALER CONDUCTS IN CONNECTION WITH
SUCH ATTEMPTED PURCHASE, IN THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM OR ANY SUCCESSOR SYSTEM, INDICATES A "DENIED" RESPONSE AS
DEFINED IN 28 C.F.R. § 25.6. SUCH GUNSMITH OR DEALER SHALL KEEP WITH THE
OTHER RECORDS REQUIRED UNDER SUBDIVISION TWELVE OF SECTION 400.00 OF
THIS CHAPTER, A RECORD APPROVED AS TO FORM BY THE SUPERINTENDENT OF
STATE POLICE, OR IN THE CITY OF NEW YORK BY SUCH CITY'S POLICE COMMIS-
SIONER, OF HAVING MADE EACH REPORT REQUIRED BY THIS SUBDIVISION.
Criminal purchase or disposal of a weapon is a class D felony.
§ 4. Section 400.00 of the penal law is amended by adding a new subdi-
vision 12-b to read as follows:
12-B. EMPLOYEES OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOT-
GUNS. (A) NO PERSON SHALL BE EMPLOYED BY A GUNSMITH OR DEALER IN
FIREARMS, RIFLES, OR SHOTGUNS FOR DUTIES THAT INCLUDE HANDLING, SELLING,
OR OTHERWISE DISPOSING OF FIREARMS, RIFLES, OR SHOTGUNS, IF SUCH PERSON
IS PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS, RIFLES, OR SHOTGUNS
UNDER FEDERAL LAW OR IF SUCH PERSON WOULD BE INELIGIBLE FOR A LICENSE TO
POSSESS FIREARMS, RIFLES, OR SHOTGUNS UNDER PARAGRAPH (C) OR (E) OF
SUBDIVISION ONE OF THIS SECTION.
(B) NO GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS SHALL
EMPLOY A PERSON WHOSE DUTIES INCLUDE HANDLING, SELLING, OR OTHERWISE
DISPOSING OF FIREARMS, RIFLES, OR SHOTGUNS, UNLESS: (I) SUCH PERSON IS
EIGHTEEN YEARS OF AGE OR OLDER AND HAS BEEN ISSUED AN EMPLOYEE BACK-
GROUND CHECK CERTIFICATE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES;
OR (II) SUCH PERSON HAS OBTAINED AND POSSESSES A VALID LICENSE ISSUED
UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS ARTICLE;
OR (III) SUCH PERSON IS A POLICE OFFICER AS DEFINED IN SUBDIVISION THIR-
TY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
S. 5808 3
(C) APPLICATIONS FOR EMPLOYEE BACKGROUND CHECK CERTIFICATES SHALL BE
SUBMITTED BY THE APPLICANT'S PROSPECTIVE EMPLOYER TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES IN A FORM APPROVED BY SUCH DIVISION. APPLICA-
TIONS MUST CONTAIN, AT A MINIMUM, THE INFORMATION REQUIRED TO CONDUCT A
BACKGROUND CHECK IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM. ALL APPLICATIONS MUST BE SIGNED AND VERIFIED BY THE APPLICANT.
(D) UPON RECEIPT OF AN APPLICATION FOR AN EMPLOYEE BACKGROUND CHECK
CERTIFICATE, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONDUCT A
BACKGROUND CHECK OF THE APPLICANT IN THE NATIONAL INSTANT CRIMINAL BACK-
GROUND CHECK SYSTEM. IF THE RESULTS OF THE BACKGROUND CHECK INDICATE
THAT THERE IS NO INFORMATION THAT WOULD DISQUALIFY THE APPLICANT FROM
RECEIVING OR POSSESSING A FIREARM, RIFLE, OR SHOTGUN UNDER STATE OR
UNDER FEDERAL LAW, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DOCU-
MENT SUCH RESULT ON AN EMPLOYEE BACKGROUND CHECK CERTIFICATE. IF THE
BACKGROUND CHECK RESULTS IN A "DELAYED" RESPONSE AS DESCRIBED IN 28
C.F.R. § 25.6, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL NOT ISSUE
AN EMPLOYEE BACKGROUND CHECK CERTIFICATE PENDING RECEIPT OF A FOLLOW-UP
"PROCEED" RESPONSE FROM THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM.
(E) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO QUALIFY-
ING EMPLOYEES AN EMPLOYEE BACKGROUND CHECK CERTIFICATE, WHICH SHALL
CERTIFY THAT A BACKGROUND CHECK WAS CONDUCTED ON THE HOLDER OF SUCH
CERTIFICATE AND THAT THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM INDICATED THAT THERE WAS NO INFORMATION IN THE SYSTEM AS OF THE
DATE OF THE BACKGROUND CHECK THAT WOULD DISQUALIFY THE APPLICANT FROM
RECEIVING OR POSSESSING A FIREARM, RIFLE, OR SHOTGUN. SUCH CERTIFICATE
SHALL BECOME INVALID UPON THE TERMINATION OF THE EMPLOYEE'S EMPLOYMENT.
SUCH CERTIFICATE SHALL HAVE THE EFFECT OF AUTHORIZING SUCH EMPLOYEE TO
HANDLE, SELL, OR OTHERWISE DISPOSE OF THOSE FIREARMS, RIFLES, OR SHOT-
GUNS THAT ARE LAWFULLY POSSESSED, SOLD OR DISPOSED OF BY THE GUNSMITH OR
DEALER IN FIREARMS, RIFLES, OR SHOTGUNS ONLY WHILE SUCH EMPLOYEE IS
ACTUALLY CONDUCTING BUSINESS ON BEHALF OF THE GUNSMITH OR DEALER IN
FIREARMS, RIFLES, OR SHOTGUNS NOTWITHSTANDING THE FACT THAT SUCH WEAPONS
MAY NOT BE THE TYPE THE EMPLOYEE WOULD OTHERWISE BE LICENSED OR AUTHOR-
IZED TO POSSESS UNDER NEW YORK LAW. WHEN AN EMPLOYEE IS CONDUCTING BUSI-
NESS ON BEHALF OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS
AT ANY LOCATION OTHER THAN THE PREMISES WHERE SUCH EMPLOYEE WORKS, THE
EMPLOYEE SHALL HAVE IN HIS OR HER POSSESSION A COPY OF HIS OR HER
CERTIFICATE OR VALID LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION
OR SECTION 400.01 OF THIS ARTICLE OR PROOF THAT HE OR SHE IS A POLICE
OFFICER. A COPY OF SUCH CERTIFICATE OR LICENSE OR PROOF THAT AN EMPLOY-
EE IS A POLICE OFFICER SHALL BE MAINTAINED BY THE GUNSMITH OR DEALER IN
FIREARMS, RIFLES, OR SHOTGUNS ON THE PREMISES WHERE SUCH EMPLOYEE WORKS.
ALL CERTIFICATES, LICENSES, OR PROOF THAT AN EMPLOYEE IS A POLICE OFFI-
CER AND COPIES REFERRED TO IN THIS PARAGRAPH SHALL BE PRODUCED UPON
REQUEST BY ANY POLICE OFFICER OR PEACE OFFICER ACTING PURSUANT TO HIS OR
HER SPECIAL DUTIES.
(F) FOR THE PURPOSE OF THIS SUBDIVISION, THE TERM HANDLING SHALL NOT
INCLUDE MOVING OR CARRYING, IN THE NORMAL COURSE OF BUSINESS, A SECURED
CRATE OR CONTAINER THAT CONTAINS A FIREARM OR FIREARMS, RIFLE OR RIFLES,
OR SHOTGUN OR SHOTGUNS, FROM ONE LOCATION TO ANOTHER WITHIN THE PREMISES
OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS.
(G) ANY EMPLOYMENT IN VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A
VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH OR DEALER IN
FIREARMS, RIFLES, OR SHOTGUNS.
S. 5808 4
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law, except that the division of criminal justice
services shall promulgate any rules or regulations or approve any forms
necessary for applications for employee background check certificates to
be submitted to and approved by such division and for certificates to be
issued by such division pursuant to subdivision 12-b of section 400.00
of the penal law as added by section four of this act, and shall begin
to issue such certificates to qualifying employees before the one
hundred eightieth day after this act shall have become a law.

S5808A (ACTIVE) - Details

S5808A (ACTIVE) - Summary

Implements the effective background check act of 2018; requires licensed firearms businesses to report the crime of criminal purchase of a weapon; requires background checks for employees who would be authorized to possess or transfer firearms.

S5808A (ACTIVE) - Sponsor Memo

BILL NUMBER: S5808A
SPONSOR: GIANARIS
TITLE OF BILL:
An act to amend the penal law, in relation to enacting the effective
background check act of 2018, in relation to establishing a ten day
period for background checks for the purchase of a firearm, rifle, or
shotgun, and in relation to requiring gunsmiths or licensed firearms
businesses to report the crime of criminal purchase of a weapon and
requiring background checks for employees who would be authorized to
possess or transfer firearms, rifles, or shotguns
PURPOSE:
The purpose of this legislation is to increase the effectiveness of the
criminal background check system that applies to the sale and transfer
of firearms, rifles, and shotguns. The bill would provide law enforce-
ment with more time, when necessary, to perform a background check prior
to the sale of any firearm, rifle, or shotgun; require licensed
gunsmiths or firearms dealers to alert law enforcement when a prohibited
would-be purchaser fails a background check; and require that all

employees of gunsmiths or dealers whose duties include handling, sell-
ing, or otherwise disposing of firearms, rifles, or shotguns pass a
background check.
SUMMARY OF PROVISIONS:
Section 1 of the bill establishes the short title the "Effective Back-
ground Checks Act of 2018"
Section 2 of the bill adds a new section 400.20 to the penal law to
establish an effective background check period for the sale or transfer
of a firearm, rifle, or shotgun. Subdivision 1 of the new section 400.20
provides that whenever federal or state law requires a NICS screening
prior to the sale, transfer, or disposal of a firearm, rifle, or shot-
gun, no person shall complete such transaction unless either: (a) the
NICS system indicates that there is no information in the system that
would disqualify the applicant from receiving or possessing a firearm,
rifle, or shotgun, or (b) ten business days have elapsed from the date
the NICS screening was initiated, and the system has not indicated that
the applicant is disqualified from receiving or possessing a firearm,
rifle, or shotgun. Subdivision 2 of the new section 400.20 makes
violation of this section a class A misdemeanor.
Section 3 of the bill amends Section 265.17 of the Penal Law by re-de-
signating the existing paragraphs as subdivisions 1(a), 1(b), and 1(c),
and adding a new subdivision 2 requiring licensed gunsmiths and firearms
dealers to report to police whenever a would-be purchaser of a firearm,
rifle, or shotgun fails a background check through NICS.
Section 4 of the bill amends section 400.00 of the Penal Law by adding a
new subdivision 12-b that would: prevent anyone who is prohibited from
receiving or possessing a firearm, rifle, or shotgun from being employed
by a gunsmith or firearms dealer in a job that involves handling, sell-
ing, or otherwise disposing of firearms, rifles, or shotguns; subject
such employees to background checks through NICS; and, require the Divi-
sion of Criminal Justice Services (DCJS) to issue an employee background
check certificate to qualifying applicants after review of an applica-
tion using NICS. If DCJS receives a negative (failed) response from NICS
for any applicant, the gunsmith or dealer would be required to deny
employment to the applicant. The employee background check certificate
would be invalid upon termination of employment.
Section 4 of the bill also permits gunsmiths or firearm dealers to
employ persons in a job that involves handling selling or otherwise
disposing of firearms, rifles, or shotguns without the requirement for
such persons to be issued an employee background check certificate from
the division of criminal justice services, where such person possesses a
valid license issued under section 400.00 or section 400.01 of the penal
law, or where such person is a police officer as defined in subdivision
thirty-four of section 1.20 of the criminal procedure law.
Finally, any employment in violation of this new subdivision shall
constitute a violation of the law by both the employee and the gunsmith
or firearms dealer.
Section 5 of the bill sets forth the effective date.
JUSTIFICATION:
This legislation is intended to make background checks related to sales
or transfers of guns more effective. To do so, the bill would: (1)
provide law enforcement with more time, when necessary, to perform a
background check prior to the sale of any firearm, rifle, or shotgun,
improving public safety; (2) require licensed gunsmiths or firearms
dealers to alert law enforcement when a prohibited would-be purchaser
fails a background check, aiding in the enforcement and prevention of
the existing felony offense of criminal purchase of a weapon and related
attempts; and (3) require that all employees of gunsmiths or dealers
whose duties include handling, selling, or otherwise disposing of
firearms, rifles, or shotguns pass a background check.
First, by giving law enforcement officials sufficient time to complete a
NICS check of prospective purchasers of firearms, rifles, and shotguns,
this bill will permit law enforcement to more effectively prevent guns
from falling into the hands of those who are prohibited from purchasing
or possessing them.
Federal law currently lacks an effective background check period prior
to the completion of the sale of a firearm, rifle, or shotgun. In 2014,
91 percent of NICS background checks were completed "immediately" (in
ninety seconds), during the dealer's initial contact
(http://www.fbi.gov/ about -us/cjis/ nics/reports/2014 -operations-re-
port). In such a case, the transaction may be completed as soon as the
prospective purchaser passes the background check. However, if the
Federal Bureau of Investigation (FBI) is unable to complete a background
check by the end of the third business day following an attempted
purchase, the sale may still proceed by default if state law permits the
transfer, whether or not the check was actually completed (A NICS De
lay, www.fbi. gov/about-us/cjisi nics/federal-firearms-licensee s/anics-
de lay).
In 2013, as a result of this impractical "default-proceed" limitation
imposed on the FBI, the three-day clock reportedly ran out more than
186,000 times, such that a sale could proceed for over 500 guns per day
prior to resolution of the background check (Associated Press, Black
Friday gun purchases test background check system to limit, The Guardi-
an, Nov. 26, 2014, www.theguardian.com/us-news/2014 In
ov/26/blackfriday-gun-purchases-test-backgroundcheck-system).
Even after a "default-proceed" the FBI continues to review the case. If
the FBI discovers disqualifying information after three business days,
the agency will issue a "delayed denial" and contact the dealer to
determine whether or not the gun was transferred. If so, law enforcement
agencies are notified and an attempt is made to retrieve the gun and
take appropriate action against the buyer as needed (Brady Act Gun Buyer
Background Checks: History and Application of the Brady Act, usgov
info.about.com/od/gu ncontrol/a/Brady-Act-Gun -Buyer-Background-
Checks.htm; Review of the Bureau of Alcohol, Tobacco, Firearms and
Explosives' Enforcement of Brady Act Violations Identified Through the
National Instant Criminal Background Check System, July, 2004,
https://org.justice.gov/reports/ATF/e0 406/in tro.htm). Such a process
puts the public at risk and wastes law enforcement resources. In the
past, the FBI has indicated that NICS could be improved by extending the
three-day period allowed for conducting background checks to reduce the
amount of transactions that are permitted to proceed by default (U.S.
General Accounting Office, Report to the Honorable Craig Thomas, Imple-
mentation of the NICS Background Check System).
According to a Quinnipiac University poll released in July 2014, Ameri-
can voters support (by 92-7 percent, including 92-6 percent among gun
owners) requiring background checks for all gun buyers
(www.quinnipiac.edu/news-and-events/quinnipiac-university-poll/na
tional/releasedetail?ReleaseID.2057). It follows that the American
public overwhelmingly supports a system with a timeframe that permits
the authorities to complete a background check.
Under this legislation, a prospective purchaser who passes a background
check in less than ten days will be able to complete their purchase at
the time that their background check clears. This legislation focuses
solely on NICS checks that remain indeterminate at the end of three
days, and properly balances the needs of public safety with the consti-
tutional right of a non-prohibited individual to purchase a firearm,
rifle, or shotgun.
The second part of the bill will aid in the enforcement and prevention
of the existing felony offense of criminal purchase of a weapon and
related attempts. Although law-abiding gunsmiths and firearms dealers in
New York currently conduct criminal background checks on prospective
purchasers of firearms, rifles, and shotguns, they are under no subse-
quent obligation to report the fact that a prohibited gun purchaser
failed a NICS screening after attempting to purchase a firearm, rifle,
or shotgun. This lack of a duty to report makes it difficult for law
enforcement to become aware of instances of attempted criminal purchase
of a weapon. Criminal purchase of a weapon is currently a felony
offense. Such a report may provide an early warning to law enforcement,
so they may take preemptive action to prevent such weapons from falling
into the hands of an individual who has been prohibited from possessing
them.
The third part of the bill would disqualify those who cannot themselves
pass a NICS check from jobs where such persons would be directly handl-
ing, accessing, selling, or otherwise disposing of firearms, rifles, or
shotguns. Under current law, licensed gunsmiths and firearms dealers are
required to conduct background checks on gun purchasers. However, while
the dealers themselves are required to be licensed, their employees, who
have direct access to firearms, rifles, and shotguns on a daily basis,
are not required to undergo a pre-employment background check. This
legislation would correct that anomaly by requiring the DCJS to adminis-
ter background checks of such employees through NICS.
FISCAL IMPACT ON THE STATE:
None.
LEGISLATIVE HISTORY:
New Bill
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law, except that the division of criminal justice
services shall promulgate any rules or regulations or approve any forms
necessary for applications for employment certificates to be submitted
to and approved by such division and for employment certificates to be
issued by such division pursuant to subdivision 12-b of section 400.00
of the penal law as added by section four of this act, and shall begin
to issue such certificates to qualifying employees before the one
hundred eightieth day after this act shall have become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
5808--A
2017-2018 Regular Sessions
I N S E N A T E
May 1, 2017
___________
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, in relation to enacting the effective
background check act of 2018, in relation to establishing a ten day
period for background checks for the purchase of a firearm, rifle, or
shotgun, and in relation to requiring gunsmiths or licensed firearms
businesses to report the crime of criminal purchase of a weapon and
requiring background checks for employees who would be authorized to
possess or transfer firearms, rifles, or shotguns
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "effective
background check act of 2018".
§ 2. The penal law is amended by adding a new section 400.20 to read
as follows:
§ 400.20 TIME PERIOD FOR A BACKGROUND CHECK FOR SALE OR TRANSFER OF A
FIREARM, RIFLE, OR SHOTGUN.
1. WHENEVER FEDERAL OR STATE LAW REQUIRES THAT A BACKGROUND CHECK BE
CONDUCTED THROUGH THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
IN ACCORDANCE WITH THE PROVISIONS OF 18 U.S.C. 922(T) BEFORE SALE OR
TRANSFER OF A FIREARM, RIFLE, OR SHOTGUN, NO PERSON SHALL COMPLETE SUCH
SALE OR TRANSFER UNLESS:
(A) THE SYSTEM PROVIDES A UNIQUE IDENTIFICATION NUMBER PURSUANT TO 18
U.S.C. 922(T)(1)(B)(I), INDICATING THAT THERE IS NO INFORMATION IN THE
SYSTEM THAT WOULD DISQUALIFY THE APPLICANT FROM RECEIVING OR POSSESSING
A FIREARM, RIFLE, OR SHOTGUN; OR
(B) TEN BUSINESS DAYS, AS DEFINED IN 18 U.S.C. 922(T)(1)(B)(II), HAVE
ELAPSED FROM THE DATE SUCH BACKGROUND CHECK WAS INITIATED BY CONTACTING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD02944-03-7
S. 5808--A 2
THE SYSTEM, AND THE SYSTEM HAS NOT INDICATED THAT THE APPLICANT IS
DISQUALIFIED FROM RECEIVING OR POSSESSING A FIREARM, RIFLE, OR SHOTGUN.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A VIOLATION OF THIS
SECTION SHALL BE A CLASS A MISDEMEANOR.
§ 3. Section 265.17 of the penal law, as amended by chapter 1 of the
laws of 2013, is amended to read as follows:
§ 265.17 Criminal purchase or disposal of a weapon.
1. A person is guilty of criminal purchase or disposal of a weapon
when:
[1.] (A) Knowing that he or she is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction or because of
some other disability which would render him or her ineligible to
lawfully possess a firearm, rifle or shotgun in this state, such person
purchases a firearm, rifle or shotgun from another person; or
[2.] (B) Knowing that it would be unlawful for another person to
possess a firearm, rifle or shotgun, he or she purchases a firearm,
rifle or shotgun for, on behalf of, or for the use of such other person;
or
[3.] (C) Knowing that another person is prohibited by law from
possessing a firearm, rifle or shotgun because of a prior conviction or
because of some other disability which would render him or her ineligi-
ble to lawfully possess a firearm, rifle or shotgun in this state, a
person disposes of a firearm, rifle or shotgun to such other person.
2. A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS SHALL REPORT
WITHIN TWENTY-FOUR HOURS TO THE DIVISION OF STATE POLICE, OR IN THE CITY
OF NEW YORK THE POLICE DEPARTMENT OF SUCH CITY, ANY INSTANCE IN WHICH
ANY PERSON ATTEMPTS TO PURCHASE A FIREARM, RIFLE, OR SHOTGUN FROM SUCH
GUNSMITH OR DEALER, OR THROUGH A SALE, EXCHANGE, OR DISPOSAL AS PROVIDED
IN SECTION EIGHT HUNDRED NINETY-EIGHT OF THE GENERAL BUSINESS LAW, IF A
BACKGROUND CHECK SUCH GUNSMITH OR DEALER CONDUCTS IN CONNECTION WITH
SUCH ATTEMPTED PURCHASE, IN THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM OR ANY SUCCESSOR SYSTEM, INDICATES A "DENIED" RESPONSE AS
DEFINED IN 28 C.F.R. § 25.6. SUCH GUNSMITH OR DEALER SHALL KEEP WITH THE
OTHER RECORDS REQUIRED UNDER SUBDIVISION TWELVE OF SECTION 400.00 OF
THIS CHAPTER, A RECORD APPROVED AS TO FORM BY THE SUPERINTENDENT OF
STATE POLICE, OR IN THE CITY OF NEW YORK BY SUCH CITY'S POLICE COMMIS-
SIONER, OF HAVING MADE EACH REPORT REQUIRED BY THIS SUBDIVISION.
Criminal purchase or disposal of a weapon is a class D felony.
§ 4. Section 400.00 of the penal law is amended by adding a new subdi-
vision 12-b to read as follows:
12-B. EMPLOYEES OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOT-
GUNS. (A) NO PERSON SHALL BE EMPLOYED BY A GUNSMITH OR DEALER IN
FIREARMS, RIFLES, OR SHOTGUNS FOR DUTIES THAT INCLUDE HANDLING, SELLING,
OR OTHERWISE DISPOSING OF FIREARMS, RIFLES, OR SHOTGUNS, IF SUCH PERSON
IS PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS, RIFLES, OR SHOTGUNS
UNDER FEDERAL LAW OR IF SUCH PERSON WOULD BE INELIGIBLE FOR A LICENSE TO
POSSESS FIREARMS, RIFLES, OR SHOTGUNS UNDER PARAGRAPH (C) OR (E) OF
SUBDIVISION ONE OF THIS SECTION.
(B) NO GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS SHALL
EMPLOY A PERSON WHOSE DUTIES INCLUDE HANDLING, SELLING, OR OTHERWISE
DISPOSING OF FIREARMS, RIFLES, OR SHOTGUNS, UNLESS: (I) SUCH PERSON IS
EIGHTEEN YEARS OF AGE OR OLDER AND HAS BEEN ISSUED AN EMPLOYEE BACK-
GROUND CHECK CERTIFICATE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES;
OR (II) SUCH PERSON HAS OBTAINED AND POSSESSES A VALID LICENSE ISSUED
UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS ARTICLE;
S. 5808--A 3
OR (III) SUCH PERSON IS A POLICE OFFICER AS DEFINED IN SUBDIVISION THIR-
TY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
(C) APPLICATIONS FOR EMPLOYEE BACKGROUND CHECK CERTIFICATES SHALL BE
SUBMITTED BY THE APPLICANT'S PROSPECTIVE EMPLOYER TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES IN A FORM APPROVED BY SUCH DIVISION. APPLICA-
TIONS MUST CONTAIN, AT A MINIMUM, THE INFORMATION REQUIRED TO CONDUCT A
BACKGROUND CHECK IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM. ALL APPLICATIONS MUST BE SIGNED AND VERIFIED BY THE APPLICANT.
(D) UPON RECEIPT OF AN APPLICATION FOR AN EMPLOYEE BACKGROUND CHECK
CERTIFICATE, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONDUCT A
BACKGROUND CHECK OF THE APPLICANT IN THE NATIONAL INSTANT CRIMINAL BACK-
GROUND CHECK SYSTEM. IF THE RESULTS OF THE BACKGROUND CHECK INDICATE
THAT THERE IS NO INFORMATION THAT WOULD DISQUALIFY THE APPLICANT FROM
RECEIVING OR POSSESSING A FIREARM, RIFLE, OR SHOTGUN UNDER STATE OR
UNDER FEDERAL LAW, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DOCU-
MENT SUCH RESULT ON AN EMPLOYEE BACKGROUND CHECK CERTIFICATE. IF THE
BACKGROUND CHECK RESULTS IN A "DELAYED" RESPONSE AS DESCRIBED IN 28
C.F.R. § 25.6, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL NOT ISSUE
AN EMPLOYEE BACKGROUND CHECK CERTIFICATE PENDING RECEIPT OF A FOLLOW-UP
"PROCEED" RESPONSE FROM THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM.
(E) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO QUALIFY-
ING EMPLOYEES AN EMPLOYEE BACKGROUND CHECK CERTIFICATE, WHICH SHALL
CERTIFY THAT A BACKGROUND CHECK WAS CONDUCTED ON THE HOLDER OF SUCH
CERTIFICATE AND THAT THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM INDICATED THAT THERE WAS NO INFORMATION IN THE SYSTEM AS OF THE
DATE OF THE BACKGROUND CHECK THAT WOULD DISQUALIFY THE APPLICANT FROM
RECEIVING OR POSSESSING A FIREARM, RIFLE, OR SHOTGUN. SUCH CERTIFICATE
SHALL BECOME INVALID UPON THE TERMINATION OF THE EMPLOYEE'S EMPLOYMENT.
SUCH CERTIFICATE SHALL HAVE THE EFFECT OF AUTHORIZING SUCH EMPLOYEE TO
HANDLE, SELL, OR OTHERWISE DISPOSE OF THOSE FIREARMS, RIFLES, OR SHOT-
GUNS THAT ARE LAWFULLY POSSESSED, SOLD OR DISPOSED OF BY THE GUNSMITH OR
DEALER IN FIREARMS, RIFLES, OR SHOTGUNS ONLY WHILE SUCH EMPLOYEE IS
ACTUALLY CONDUCTING BUSINESS ON BEHALF OF THE GUNSMITH OR DEALER IN
FIREARMS, RIFLES, OR SHOTGUNS NOTWITHSTANDING THE FACT THAT SUCH WEAPONS
MAY NOT BE THE TYPE THE EMPLOYEE WOULD OTHERWISE BE LICENSED OR AUTHOR-
IZED TO POSSESS UNDER NEW YORK LAW. WHEN AN EMPLOYEE IS CONDUCTING BUSI-
NESS ON BEHALF OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS
AT ANY LOCATION OTHER THAN THE PREMISES WHERE SUCH EMPLOYEE WORKS, THE
EMPLOYEE SHALL HAVE IN HIS OR HER POSSESSION A COPY OF HIS OR HER
CERTIFICATE OR VALID LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION
OR SECTION 400.01 OF THIS ARTICLE OR PROOF THAT HE OR SHE IS A POLICE
OFFICER. A COPY OF SUCH CERTIFICATE OR LICENSE OR PROOF THAT AN EMPLOY-
EE IS A POLICE OFFICER SHALL BE MAINTAINED BY THE GUNSMITH OR DEALER IN
FIREARMS, RIFLES, OR SHOTGUNS ON THE PREMISES WHERE SUCH EMPLOYEE WORKS.
ALL CERTIFICATES, LICENSES, OR PROOF THAT AN EMPLOYEE IS A POLICE OFFI-
CER AND COPIES REFERRED TO IN THIS PARAGRAPH SHALL BE PRODUCED UPON
REQUEST BY ANY POLICE OFFICER OR PEACE OFFICER ACTING PURSUANT TO HIS OR
HER SPECIAL DUTIES.
(F) FOR THE PURPOSE OF THIS SUBDIVISION, THE TERM HANDLING SHALL NOT
INCLUDE MOVING OR CARRYING, IN THE NORMAL COURSE OF BUSINESS, A SECURED
CRATE OR CONTAINER THAT CONTAINS A FIREARM OR FIREARMS, RIFLE OR RIFLES,
OR SHOTGUN OR SHOTGUNS, FROM ONE LOCATION TO ANOTHER WITHIN THE PREMISES
OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS.
S. 5808--A 4
(G) ANY EMPLOYMENT IN VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A
VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH OR DEALER IN
FIREARMS, RIFLES, OR SHOTGUNS.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law, except that the division of criminal justice
services shall promulgate any rules or regulations or approve any forms
necessary for applications for employee background check certificates to
be submitted to and approved by such division and for certificates to be
issued by such division pursuant to subdivision 12-b of section 400.00
of the penal law as added by section four of this act, and shall begin
to issue such certificates to qualifying employees before the one
hundred eightieth day after this act shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.